Delaware IP Law Blog

Judge Farnan recently construed the terms below for claims related to technology used to "optimize the rate at which data can be transmitted across communication channels." CIF Licensing, LLC v. Agere Systems, Inc., C.A. No. 07-170-JJF, Memo. Op. (D. Del. July 10, 2008):

-"receiver"
-"line probing processor"
-"selector"
-"for selecting one of the plurality of frequency bands"
-"for selecting one of the plurality of bit rates"
-"constellation"
-"constellation switching"
-"can be"
-"frame selector"
-"zero insertion unit"
-"signal constellation selector/mapper"
-"operably coupled"

Judge Farnan further found that the preambles of certain claims were limiting under the recent Federal Circuit decision Symantec Corp. v. Computer Assocs. Int'l Inc., 522 F.3d 1279 (Fed. Cir. 2008).

A copy of the opinion can be found here.

Judge Robinson recently construed the following claim terms in Callaway Golf Company v. Acushnet Co, C.A. No. 06-091-SLR, Memo. Order (D. Del. Nov. 20, 2007):

- "Cover layer having a Shore D hardness"
- "Core"

In <%media(20061009-Pharmacia v. Sicor (04-833-KAJ).pdf|Pharmacia & Upjohn Co. v. Sicor Inc. & Sicor Pharms.)%>, Inc., C.A. No. 04-833 (D. Del. Aug. 17, 2006) (Jordan, J.), the District Court construed the following terms in the context of a pharmaceutical patent for a ready to use form of anthracycline glycoside: "physiologically acceptable," "anthracycline glycolside," "sealed container," and "storage stability." Judge Jordan denied defendant's motions for summary judgment on issues of non-infringement, invalidity for lack of a written description and on anticipation. Plaintiff's motion for summary judgment on anticipation was granted.